Hi, this is Stuart Talley. I am here to provide another update on the ongoing DePuy Pinnacle metal-on-metal hip litigation. Recently, we received a scheduling order from the trial court setting a schedule for events that need to take place before the upcoming trial. ​The trial involves seven individual plaintiffs who reside in California. The trial date was originally set for early September but the judge moved it out to September 26, 2016; this will be the first day of trial. Jury selection is going to start on September 19 the week before.

The schedule the judge put in place is strict. The defendants are not pleased and filed another petition to the Fifth Circuit Court of Appeals asking them to halt the entire process. Under the schedule, the plaintiffs need to disclose all of their experts by July 29, about a week from now. After they disclose their experts, the defendants will have only ten days to take depositions of those experts. Then, they will have to submit their reports which are due approximately 22 days from now.

The defendants claim in their brief to the Fifth Circuit Court of Appeals that they still don’t have all the medical records from the selected plaintiffs. They are complaining that they have not taken the depositions of the doctors or the plaintiffs at this point. It is unclear why the defendants did not go through these steps earlier. They have had the names of these plaintiffs for quite some time. They could have gotten the records, they could have taken depositions, and they could have done a lot more up to this point.

The court is taking a firm stance in pushing this case forward. The judge has appointed a magistrate to have telephone calls with the parties every single week to talk about where we are in discovery, where we are in expert reports, and how things are progressing.

I don’t think the trial court is going to put any brakes on this process. It’s possible the appellate court might and we are waiting to hear from them. So, stay tuned. When the Fifth Circuit Court of Appeals rules, we will provide another update.

Thanks for the prompt updates. Gotta question that you probably won't answer because you refuse to breed false hope. In light of recent events; if you were one of Depuy's attorneys who has access to unlimited corporate funds; and having knowledge that the stockholders have the final say in regards to an immediate global settlement offer. Would you commence on closing on that third summer home in Greece, or would you put a hold on it.

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Dave

7/21/2016 04:17:05 pm

This is good news. It sounds as though the trial judge has had it with Depuy. However, the ruling of the COA is crucial. If the COA sides with Depuy it will be years before we see a settlement if ever. I am hopeful that the COA will not issue any stays & force Depuy to defend themselves. The fact that they haven't deposed the plaintiffs' experts is a prime example of their strategy of delay and obfuscation.

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Alan

7/22/2016 07:25:14 am

I truly appreciate the updates! I had to have my Depuy Pinnacle Hip removed 4 months after it was put in, and I suffered severe nerve damage from it. My life is a living hell and has been for years. I hope you are able to punish them for all of us out here on the sidelines that you represent, but you never see.

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Terry

7/22/2016 03:57:49 pm

Stuart
Do you think the plaintiffs attorneys have the expert list ready to give the defendants ?

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Eddie

7/25/2016 11:30:09 am

Let's pray the COA doesn't grant the appeal by depuy to stay the cases. The judge in Dallas is moving forward. Hopefully the judges will stick together for once an force depuy to go to trial. Depuy is on there last leg with the pinnacle and they know it hope we get to trial in September.

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